This tree preservation ordinance has been developed to benefit the environmental and aesthetic quality of Coweta County. The intent is to create an opportunity and promote preservation of the county's natural resources and grow in a way that will provide a healthy environment for Coweta's future. The purpose of this tree preservation ordinance is to provide standards for the preservation of trees as part of the land development process; to prevent massive grading of land, both developed and undeveloped, without provision for replacement of trees; and to protect trees during construction whenever possible in order to enhance the quality of life within Coweta County. The regulations of this tree preservation ordinance shall be the definitive, unless otherwise directed by the zoning and development ordinance or county code. The benefits derived from this tree preservation ordinance include:

1.

Provide visual buffering and enhance beautification of the county;

2.

Moderation of stormwater runoff, and improved water quality;

3.

Protect and attempt to enhance property values, thus safeguarding private and public investment;

4.

Protect the unique identity of Coweta by promoting native plants;

5.

Control soil erosion;

6.

Reduction of some air pollutants and interception of airborne particulate matter;

7.

Preserve stands of trees and "specimen" trees; and

8.

Protect natural vegetation except where its removal is necessary for responsible property development or control of disease and infestation. This article shall serve to dissuade the unnecessary clearing of land and its disturbance, so as to preserve, insofar as possible, the natural and existing growth of vegetation, and to replace whenever possible the removed foliage with new vegetation.

(Ord. No. 003-12, 2-7-12)

The following definitions are to clarify terms found in this tree preservation ordinance. Terms in this tree preservation ordinance that are not defined herewith shall be defined by the definition provided by the American Heritage Dictionary, Second College Edition or comparable dictionary. If the term cannot be found or if there is no logical nexus between the term in this tree preservation ordinance and a dictionary, the zoning administrator shall seek to provide a suitable definition.

1.

Adjoining land, lot, or parcel: A lot or parcel of land that shares all or part of a common lot line with another lot or parcel of land.

2.

Aesthetic: The perception of artistic elements or elements in the natural or created environment that are pleasing to the eye.

3.

Amenities: A natural or created feature that enhances the aesthetic quality, visual appeal, or makes more attractive or satisfying a particular property, place, or area.

4.

Buffer, zoning: See article 3 of the zoning and development ordinance of Coweta County.

5.

Caliper: A method of measuring the diameter of a tree trunk for the purpose of size grading or classification of nursery stocks. The caliper of the trunk is measured six inches above the ground, up to and including four-inch caliper size, and 12 inches above the ground for larger sizes.

6.

Clearing: The selective removal of vegetation from a property, whether by cutting or other means.

7.

Clear-cutting: The indiscriminate and broad removal of trees, shrubs, or undergrowth with the intention of preparing real property for nonagricultural development purposes. This definition shall not include the selective removal of nonnative tree and shrub species when the soil is left relatively undisturbed; removal of dead trees; or normal mowing operations (see also clearing).

8.

County arborist/landscape architect: The agent of Coweta County having the primary responsibilities of administration and enforcement of the tree preservation ordinance.

9.

Critical root zone: The minimum area beneath a tree which must be left undisturbed in order to preserve a sufficient root mass to give a tree a reasonable chance of survival. The critical root zone is approximately one foot of radial distance for every inch of tree's DBH, with a minimum of eight feet.

10.

Cut:

(a)

A portion of land surface or area from which soil, earth, rock, or other materials have been removed or will be removed by excavation;

(b)

The height below original ground surface after the material has been or will be removed.

11.

DBH: Diameter at breast height, a standard measure of tree size (for trees existing on-site), and is the tree trunk diameter (in inches) at a height of four and one-half feet above the ground. If a tree splits into multiple trunks below four and one-half feet, then the trunk is measured at its most narrow point beneath the split.

12.

Deciduous: Plants that annually lose their leaves.

13.

Development: All structures and other modifications of the natural landscape above and below ground or water on a particular site, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating or drilling operations.

14.

Drip line: A vertical line extending from the outer surface of a tree's branch tips to the ground.

15.

Erosion: The process by which land surface is worn away by the action of wind, water, ice, or gravity.

16.

Evergreen: Plants that retain foliage throughout the year.

17.

Fill: A portion of land surface to which soil or other solid material has been added; the depth above the original ground; the height above original ground surface after the material has been or will be added.

18.

Grade, existing: The vertical location of the existing ground surface prior to cutting or filling.

19.

Grade, finished: The final grade or elevation of the ground surface after cutting or filling and conforming to a proposed and approved design.

20.

Grading: Altering the shape of ground surfaces to specified elevations, dimensions, and/or slopes; this shall include stripping, cutting, filling, stockpiling and shaping or a combination thereof, and shall include the land in its cut or filled condition.

21.

Grubbing: The removal of stumps or roots from a site.

22.

Land clearance: Removal of all trees and/or vegetation from the land surface.

23.

Land disturbance activity: Any activity which may result in soil erosion from water or wind and the movement of sediments into state and local waters or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting, or filling of land but not including agricultural practices such as a family vegetable plot.

24.

Land disturbance permit: Any permit other than a building permit issued by the county that authorizes clearing, grubbing, excavating, filling, or grading activities on a site or portion of a site. Said permit may be clearing, clearing and grubbing, or development permit as defined and authorized under the development regulations of Coweta County.

25.

Landscape establishment bond: A two-year bond that shall be posted prior to the issuance of a certificate of occupancy and released after two years upon a determination that required trees and landscaping are healthy and have a reasonable chance of surviving to maturity.

26.

Natural features: Trees or other living vegetation, and rocks.

27.

Sampling: The employment of recognized statistical survey methods to count and measure existing trees on a site.

28.

Sediment: Solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its site of origin by air, water, ice, or gravity; the product of erosion.

29.

Sedimentation: The process by which eroded material is transported and deposited by the action of wind, water, ice, or gravity.

30.

Shrub: Prostrate or upright woody plants, either evergreen or deciduous, with a mature height usually less than ten feet.

31.

Site:

(a)

Any tract, lot, or parcel or land in combination of tracts, lots, or parcels of land which are in one ownership or are contiguous and in diverse ownership where development is to be performed as part of a unit, subdivision, or project;

(b)

All contiguous land and bodies of water in one ownership, graded or proposed for grading or development as a unit, although not necessarily at one time;

(c)

Regarding historic properties, a site is the location of a significant event, a prehistoric or historical occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself maintains historical or archaeological value regardless of the value of any existing structure.

32.

Site plan: A document or group of documents containing sketches, text, drawings, maps, photographs, and other material intended to present and explain certain elements of a proposed development, including physical design, siting of buildings and structures, interior vehicular and pedestrian access, the provision of improvements, and the interrelationship of these elements.

33.

Specimen tree: Any tree which qualifies for special consideration for preservation due to its size, species or historic relevance.

34.

Stripping: Any activity which removes the vegetative surface cover including tree removal, clearing, grubbing, and storage or removal of topsoil.

35.

Timber: Harvestable trees; wooded areas.

36.

Timbering: The act of removing harvestable trees and wooded areas for profit.

37.

Topography: The configuration of surface features of a region, including its relief and rivers, lakes, and showing relative elevations.

38.

Tract: An area, parcel, site, piece of land, or property that is subject of a development application.

39.

Tree: Any living, self-supporting woody perennial plant which normally obtains a trunk diameter of at least two inches and a height of at least ten feet, and typically has a main stem or trunk and many branches.

40.

Tree, canopy: Any self-supporting woody plant of a species that grows to an overall height of at least 40 feet, usually with one stem or trunk and many branches.

41.

Tree, understory: Those trees that grow beneath the overstory canopy, and will generally reach a mature height of under 40 feet.

42.

Tree diameter: The cross-sectional dimension of a tree trunk measured by DBH (diameter at breast height) for existing trees and by caliper for new replacement trees.

42.1.

Tree protection area: Any portion of a site wherein are located existing trees which are proposed to be retained in order to comply with the requirements of this tree preservation ordinance. The tree protection area shall include no less than the total area beneath the tree canopy as defined by the drip line of the tree plus any additional area encompassing the critical root zone of a tree or group of trees collectively.

43.

Tree protection plan: A plan that identifies tree protection areas, existing trees to be retained and proposed trees to be planted on a property to meet minimum requirements, as well as methods of tree preservation to be undertaken on the site and other pertinent information.

44.

Tree removal: Any act which causes a tree to die within three years after commission of the act including, but not limited to, damage inflicted upon the root system or trunk as a result of:

a.

The improper use of machinery on the trees;

b.

The storage of materials in or around the trees;

c.

Soil compaction;

d.

Altering the natural grade to expose the roots or to cover the tree's root system with more than four inches of soil;

e.

Pruning judged to be excessive by county arborist/landscape architect or not in accordance with the standards set forth by the International Society of Arboriculture (ISA);

f.

Paving with concrete, asphalt, or other impervious surface within such proximity as to be harmful to the tree or its root system; and

g.

Application of herbicides or defoliates to any trees without first obtaining a permit.

45.

Tree replacement fund: A restricted fund and general ledger account maintained by the Coweta County Finance Department as a separate account.

46.

Tree save area: An area designated for the purpose of meeting caliper inch requirements, saving natural trees, and/or preserving natural buffers.

47.

Tree thinning: Selective cutting or thinning of trees for the clear purpose of good forestry management in order to protect said forest from disease or infestation and in no way shall be construed as clear-cutting.

48.

Weeds: Any undesired, uncultivated plant, especially one growing in profusion so as to crowd out a desired crop, disfigure a lawn, etc. For the purposes of this tree preservation ordinance, weeds shall also include grass and/or underbrush in non-agriculturally used property, which is at least 12 inches tall.

49.

Weeds, untended: Those plants, shrubs, underbrush, grass and other uncultivated plants which grow sporadically without care or attention.

50.

Zoning buffer: A buffer, as defined in and required by the zoning and development ordinance or as a condition of zoning, special exception, or variance approval for a specific property.

(Ord. No. 003-12, 2-7-12)

1.

Applicability.

a.

The terms and provisions of this tree preservation ordinance shall apply to all activity which requires the issuance of a land disturbance permit on any real property within Coweta County, unless otherwise exempted below. No clearing, grubbing, grading, or other removal of existing vegetation that may affect the health of existing tree coverage may occur until it is determined that the proposed development is in conformance with the provisions of this tree preservation ordinance. Table 1, summary of applicability and exemptions, summarizes those activities which are exempt from the provisions of this tree preservation ordinance and those for which a tree protection plan must be submitted with the preliminary plat, construction plan, or predevelopment site plan and be approved prior to the issuance of a land disturbance permit (LDP) or building permit.

Table 1: Summary of Applicability and Exemptions

b.

The county arborist/landscape architect, as part of the review team, will conduct a preliminary review of all rezoning cases and special use permit applications. Conditions to rezoning will be applied where determined necessary by the preliminary review. These conditions may be either general, or specific in nature, and will reflect the standards or provisions of this tree preservation ordinance and the zoning and development ordinance. Compliance to these conditions will be verified by review of a revised site plan prior to the issuance of a land disturbance permit.

c.

Developers and design professionals may meet at any time with the county arborist/landscape architect to discuss the tree preservation planning process. The county arborist/landscape architect is available for field inspections of site conditions prior to submittal to assist in the design process as it relates to preserving trees. Information can also be disseminated about how to prepare a tree protection plan for submittal in order to minimize plan review time.

2.

Permitting process.

a.

Prior to the submission of any permit drawings, the applicant is encouraged to meet with the county arborist/landscape architect to discuss the tree preservation ordinance as it relates to the applicant's property. The purpose of the presubmittal conference is to clarify the provisions and procedures of the tree preservation ordinance and review applicable standards and guidelines for the submittal of documents, and required tree protection, replacement, and maintenance measures.

b.

Tree protection plan, six copies, either as separate or combined drawings, along with other permit drawings, are to be submitted as part of the plan approval and/or land disturbance permit process to the Coweta County Planning Department. These plans will be reviewed by the county arborist/landscape architect for compliance with the zoning and development ordinance of Coweta County and this tree preservation ordinance in particular and either approved, denied, or returned for revisions. Any comments will be made available to the designer for response or revision to the drawings. The plans shall then be resubmitted (along with previous red line comments), with the necessary changes, following the same procedure as if it were an original application. Issuance of a land disturbance permit is contingent upon approval of the tree protection plan.

3.

Procedures.

a.

All tree protection measures shall be installed prior to any land disturbance, and the county arborist/landscape architect shall be contacted for a preconstruction conference prior to any land disturbance. To adequately protect the site, tree save areas shall be delineated in the field with tree protection fencing. Land disturbance may proceed only after a permit is obtained and tree protection measures have been installed and approved by the county arborist/landscape architect. The county arborist/landscape architect will conduct unscheduled inspections during construction to ensure compliance with the approved tree protection plan. The county arborist/landscape architect shall have the authority to stop work on a development if site activities do not comply with the approved tree protection plan and/or this tree preservation ordinance.

b.

If tree removal does not occur with and is not processed in conjunction with a current land disturbance permit or building permit application, then a separate tree removal permit shall be required for nonresidential properties. A tree removal permit is required to remove any tree, which was required at the time a site was developed, from any nonresidential property. There will be a fee for obtaining a tree removal permit based on the number of staff hours necessary for the review (see appendix, fee schedule). For trees removed with an approved tree removal permit, the trees shall be replaced on an inch-per-inch basis such that the total caliper inches of the new trees planted is equal to the inches of the tree(s) removed. However, if any required trees are removed from any property without a tree removal permit, land disturbance permit, or building permit, the property owner shall replace the tree(s) at a rate of two times the inches of the existing tree. For sites which were developed after the adoption of the tree preservation ordinance, the minimum required caliper inches per acre must be maintained at all times. Failure to maintain the required number of caliper inches per acre shall result in replantings or payment to the tree fund, where appropriate.

c.

Any specimen tree which is removed without appropriate review and approval of the county arborist/landscape architect will be replaced by trees equaling a two times an inch-for-inch replacement of the tree removed. The owner of the property shall be required to replace said tree or trees with replacement trees which will be three-inch minimum caliper. Size alone will determine whether a tree was of specimen quality if the tree is removed without approval and there is no evidence of its condition. Such action may also result in a stop work order issued by the county arborist/landscape architect.

d.

An approved tree protection plan must be implemented prior to the issuance of a certificate of occupancy. When the developer/owner has installed the required landscaping improvements, he shall request an inspection by the county arborist/landscape architect. If the county arborist/landscape architect approves the installation, the developer will then post a two-year landscape establishment bond. The landscape establishment bond shall be in the amount of the contract award for landscaping or in an amount determined by the county arborist/landscape architect, whichever is higher. After the landscape establishment bond has been received, the project will then be released for the issuance of a certificate of occupancy. If the county arborist/landscape architect does not approve the plan, he shall submit a report stating his reasons for disapproval so that the developer can make the necessary corrections. After the corrections have been made, a reinspection shall be requested.

e.

At the end of the two-year landscape establishment period, the county arborist/landscape architect shall inspect the site and shall make a determination of whether or not the required trees and landscaping are healthy and have a reasonable chance of surviving to maturity. Upon such finding, the bond shall be released. In absence of such finding, the bond shall not be released and the owner of the property shall be notified to replace the unhealthy trees and landscaping or take other appropriate action as approved by the county arborist/landscape architect. Upon failure of the owner to comply with the county arborist/landscape architect's decision regarding such trees, the county shall use the bond to the extent necessary to bring the property into compliance. Final inspection shall be scheduled within ten working days' notice.

f.

It shall be the duty of the county arborist/landscape architect to enforce the provisions and requirements of this tree preservation ordinance. The county planning director shall have the authority to revoke, suspend, or void any land disturbance permit and shall have the authority to suspend all work on a site or a portion thereof.

g.

Land clearing for agricultural purposes, including timber harvesting; plant or tree nurseries; orchards, is exempt. All timber harvesting shall be in accordance with the following standards and requirements:

i.

Undisturbed stream buffers shall be maintained and protected during the land disturbance activity.

ii.

Timber harvesting practices shall follow the recommended best management practices as established by the Georgia Forestry Commission.

(Ord. No. 026-09, 8-18-09; Ord. No. 003-12, 2-7-12; Ord. No. 021-20, 5-19-20; Ord. No. 003-25, 1-23-25)

The trees in Coweta are a county resource worth protecting and maintaining. Existing trees shall not be disturbed, except as outlined in this tree preservation ordinance. Any large, rare, or historically significant trees on a project site shall be highlighted by the designer (see specimen trees, section 253A.6.). It is required that all reasonable efforts be made to save specimen trees. (Reasonable effort shall include, but not [be] limited to, alteration of building design, alternate building location, parking area, detention area, drainage system, or relocation of utilities). Careful thought and consideration is expected to be given to saving trees in the development process.

In the plan review process of a proposed project, the first indicator of how well trees have been incorporated in the design process is how the proposed development will impact specimen trees. These trees are considered on an individual basis and a proposal to remove any of them is carefully scrutinized. Another indicator is how the proposed development will impact smaller, significant trees. These trees are typically considered in mass as they relate to the overall preservation of the natural character of the site. Removals which are not adequately justified may require site plan alterations.

The following guidelines and standards shall apply to trees proposed to be retained for credit toward meeting the caliper inch requirement on a property:

1.

Planning considerations. Tree space is the most critical factor in tree protection throughout the site development process. The root system can easily extend beyond the drip line of the tree canopy. The root system within the drip line region is generally considered to be the critical root zone. Disturbance within this zone can directly affect a tree's chances for survival. To protect these critical root zones the following planning considerations should be applied:

a.

The use of tree save islands and stands is encouraged rather than the protection of individual (nonspecimen) trees scattered throughout a site. This will facilitate ease in overall organization as related to tree protection.

b.

The protective zone of specimen trees or stands of trees or otherwise designated tree save areas shall include no less than the total area beneath the tree(s) canopy as defined by the furthest canopy drip line of the tree(s).

c.

Tree preservation and grading requirements are two design constraints, which are most often in conflict. A grade change of a few inches can be detrimental to a tree, yet most sites require extensive cut and fill in order to manage drainage. The use of berms or retaining walls, instead of cutting, to provide detention can be used to preserve significant trees. Detention ponds can be designed around significant trees by adding depth to minimize width where possible. Retaining walls can also be used to mitigate cuts and fills. Tree wells and/or aeration systems can also be provided for trees in areas of fill.

d.

Underground water and wastewater lines, storm sewers, irrigation lines and both underground and overhead electric and telephone lines can have a considerable impact on trees. The layout of the project site utility plans should accommodate the required tree protective zones. Utilities should be placed along corridors between tree protective zones. Developers shall coordinate the location of utility lines, including irrigation and electric lighting, with the utility companies in order to prevent root damage within the critical root zones of protected trees and to minimize damage to trees located in protected zones.

e.

Construction activities, such as parking, material storage, concrete washout, or burn hole placement, shall be arranged so as to prevent disturbances within tree protective zones. No disturbance shall occur within the protective zone of specimen trees or stands of trees without prior approval of the county arborist/landscape architect.

f.

Sidewalks often appear harmless on plans, but can be very detrimental to trees due to grading requirements. Considerations should be given to move sidewalks as far from tree trunks as possible and provide a finished grade above the existing grade for sidewalks required in close proximity to a tree trunk. Drainage can be routed under sidewalks where an elevated grade is required.

2.

Protection of existing trees.

a.

Tree protection devices are necessary to eliminate activities detrimental to trees, including, but not limited to:

i.

Soil compaction in the critical root zone resulting from heavy equipment, vehicular or excessive pedestrian traffic, or storage of equipment or materials;

ii.

Root disturbance due to cuts, fills, or trenching;

iii.

Wounds to exposed roots, trunks, or limbs by mechanical equipment;

iv.

Other activities such as chemical storage, cement truck cleaning, or fire.

b.

Trees identified to be preserved and counted as credit towards meeting caliper inch requirements shall have a four-foot height tree protection fencing installed at the critical root zones/drip line. For methods of tree protection, see subsection 253A.3.a.—g. All tree protection measures shall be installed prior to the start of any land disturbance and maintained until final landscaping is installed. No construction activities are to occur within tree protection areas. Areas designated for parking, materials and equipment storage or staging areas are to be located outside of the drip line of existing trees.

c.

The county arborist/landscape architect will conduct periodic inspections of the site before work begins and during clearing, construction, and post-construction phases of development in order to ensure compliance with these regulations and the intent of this tree preservation ordinance. Tree protection must remain in functioning condition throughout all phases of development. Failure to comply with and/or maintain approved tree protection measures may result in a stop work order issued by the planning director.

d.

Damage to trees on county property and construction sites. Damages to specimen trees on county property and construction sites shall be evaluated under the tree hazard evaluation form of the International Society of Arboriculture by the county arborist. Said damage shall be classified under the hazard rating scale and shall be subject to the following fees and recompense:

Hazard Rating Score 1—7

Evaluation fee: $150.00

Repairs done according to tree corrective procedure

Delay of corrective action: $150.00 per tree per day

Hazard Rating Score 8—12

Evaluation fee: $150.00

Replacement fee: $500.00 + $50.00 inch-per-inch recompense

Delay of corrective action: $150.00 per tree per day

When damage occurs, the county arborist shall be contacted immediately by the property developer/contactor in order to evaluate damages and recommend corrective procedures. The county arborist shall be contacted before and after any repairs have taken place to ensure that the proper procedures have been followed. Failure to comply with the provisions of this paragraph may result in a stop work order and/or additional fines.

3.

Methods of tree protection. The root system within the drip line is generally considered to be the critical root zone. Most trees can tolerate only a small percentage of critical root zone loss. To protect these critical root zones, a tree protection area shall be established around each tree or group of trees to be retained. The following section describes ways to help control unnecessary encroachment on existing trees. These methods and guidelines will be followed for tree protection throughout all phases of construction. These guidelines are designed to reduce damage to critical root zones and wounds to exposed roots, trunks, and limbs by chemical, mechanical, and other means. Tree protection areas will be delineated on tree protection plan and methods of protection will be clearly noted and detailed.

a.

Active protective barriers. Barriers shall be installed along the outer edge of and completely around the critical root zones of all specimen trees or stands of trees, or otherwise designated tree protective zones, prior to any land disturbance. Deviations from this must be approved on an individual basis by the county arborist/landscape architect. Barriers will be a minimum four feet high. Use of any one of the following three options is acceptable:

OPTION ONE: A post and rail configuration using a two-inch by four-inch post and a one-inch by four-inch rail, with the post no further than six feet apart (recommended);

OPTION TWO: Chain-link fence with the same post spacing;

OPTION THREE: Orange safety or visual barrier fence securely attached to hog wire and mounted on steel posts, same post spacing.

All tree protection zones should be designated as such with "tree save area" signs posted visibly on all sides of the fenced-in area. All tree fencing shall be maintained throughout the land disturbance and building construction, and should not be removed until all construction and landscaping is complete.

b.

Passive protective barriers. Tree save areas and their critical root zones not within 60 feet of any grading, storage, construction or traffic areas may be protected by four-foot orange laminated plastic safety fencing. Passive tree protection fencing is to be used only for areas remote from construction activity.

c.

Boring. No open trenching will be allowed within the protected zone as defined by the protective barricades. All underground utilities to be installed within this protection zone shall be installed by boring underneath the root zone. Any exceptions must be approved by the county arborist/landscape architect.

d.

Filling/clearing within root zone. Fill dirt no deeper than two inches may be allowed within the drip line of the tree. No grubbing is permitted in the root zone. In the protected root zone, any stumps, dead trees and shrub growth to be removed shall be cut flush or ground out. Stump grinding will be accomplished with equipment and methods acceptable in normal arboriculture operations. All holes will be backfilled completely the same day of the operation.

e.

Soil compaction. Where compaction might occur due to traffic or materials storage, the tree protection zone must first be mulched with a minimum four-inch layer of shredded hardwood mulch, or a six-inch layer of pine straw.

f.

Clearing activities. Roots often fuse and tangle amongst trees. The removal of trees adjacent to tree save areas can cause inadvertent damage to the protected trees. Wherever possible, it is advisable to cut minimum two-foot trenches (e.g., with a Ditch Witch) along the limits of land disturbance, so as to cut, rather than tear, the roots. Trenching may be required for the protection of specimen trees. The cutting down and then grinding the stump of the adjacent removed trees, as opposed to bulldozing them and ripping their roots, can also aid the protected trees.

g.

Tree removal. To minimize potential root loss from soil disturbance in an overlapping root situation, all roots attached to a tree inside a tree save area that extend outside the tree save areas shall be cut by hand if the soil is to be disturbed. The removal of any tree adjacent to a tree within a tree save area shall not be removed by heavy equipment. Cutting the roots by hand, with a stump grinder, or with a Ditch Witch is acceptable.

4.

Tree protection plan. Any proposal for development or improvement of any tract of land shall include a tree protection plan, including trees to be planted in order to meet the minimum requirements of this section, except as provided in section 253A(6)(e) of this tree preservation ordinance. Such plan shall be submitted, along with other permit drawings, to the Coweta County Planning Department prior to any clearing, grubbing, grading or other removal of the existing vegetation that may affect the health of existing tree coverage. No tree removal shall occur prior to approval of the tree protection plan. The tree protection plan may be submitted as part of the landscape plan, provided that all required information is legible, or as a separate drawing which includes, as a minimum, the following:

a.

Name, address, and phone number of owner of record and applicant.

b.

Boundary lines of the tract by lengths and bearings, streets adjoining the property, total area of the tract, land lot, land district, north point, graphic scale, and date.

c.

Approximate location of all specimen trees and their critical root zones. Indicate those specimen trees proposed for removal or for preservation. Removal of specimen trees is subject to county arborist/landscape architect's approval.

d.

Approximate location of all trees or stands of trees proposed to be protected. Only trees that are designated on the tree protection plan will be counted towards caliper inch requirements.

e.

Exact location of specimen trees when their preservation is questionable, or might result in a change of the site design.

f.

Location of proposed buildings, structures and paved areas.

g.

Locations of all existing and proposed utility lines. (Utility lines must be placed along corridors between critical root zones of trees which will remain on the site.)

h.

Limits of land disturbance, clearing, grading, and trenching.

i.

Limits of tree protection areas, showing trees to be maintained and planted, specifying species and size.

j.

Grade changes or other work adjacent to a tree, which would affect it adversely, with drawings or descriptions as to how the grade, drainage, and aeration will be maintained around the tree.

k.

Methods of tree protection shall be indicated for all tree protection zones, including tree fencing, erosion control, retaining walls, tunneling for utilities, aeration systems, transplanting, staking, and signage.

l.

Procedures and schedules for the implementation, installation, and maintenance of all tree protection measures.

m.

Plan should indicate staging areas for parking, materials storage, concrete washout, and debris burn where these areas might affect tree protection.

n.

The required caliper inches per acre must be satisfied. Compliance shall be clearly demonstrated on the tree protection plan. Existing trees or stands of trees used in the caliper inch calculation must be clearly indicated on the drawing. A summary table of the number of existing trees to remain and new trees to be planted, by diameter, shall be shown along with the summary total for the site.

o.

Additional information as required on a case-by-case basis. This could include, but is not limited to, a certified arborist's appraisal of the tree's viability and projected life span.

p.

The following notes shall be indicated on both the tree protection plan and the grading plan in large bold letters:

i.

CONTACT THE PLANNING DEPARTMENT AT (770) 254-2635 TO ARRANGE A PRE-CONSTRUCTION CONFERENCE WITH THE COUNTY ARBORIST/LANDSCAPE ARCHITECT PRIOR TO ANY LAND DISTURBANCE.

ii.

ALL TREE PROTECTION MEASURES SHALL BE INSTALLED AND INSPECTED PRIOR TO THE START OF ANY LAND DISTURBANCE AND MAINTAINED UNTIL FINAL LANDSCAPING IS INSTALLED. CALL THE PLANNING DEPARTMENT AT (770) 254-2635 FOR AN INSPECTION BY THE COUNTY ARBORIST/LANDSCAPE ARCHITECT.

iii.

NO PARKING, STORAGE, OR ANY OTHER CONSTRUCTION ACTIVITIES ARE TO OCCUR WITHIN TREE PROTECTION AREAS.

iv.

A MAINTENANCE INSPECTION OF TREES WILL BE PERFORMED AFTER TWO FULL GROWING SEASONS FROM THE DATE OF THE FINAL CONSTRUCTION INSPECTION. PROJECT OWNERS AT THE TIME OF THE MAINTENANCE INSPECTION ARE RESPONSIBLE FOR TREE PRESERVATION ORDINANCE COMPLIANCE.

5.

Determination of caliper inch requirements.

a.

Single-family residential development required to provide open space shall retain 50 percent of all trees located in the required open space area of the development; and shall maintain or exceed 12 caliper inches per lot in the front yard of all residential lots. Existing deciduous trees on the lot may be preserved to meet the 12-inch requirement per lot. The minimum size for new trees used to meet this requirement shall be three caliper inches; and the trees must be deciduous. All newly planted trees used to meet this requirement must be planted in the front yards, except in developments with a minimum lot size of 24,000 square feet or less, where the caliper inches may be met anywhere on the lot. Prior to request for a certificate of occupancy, the trees used in meeting this requirement must be clearly identified in the field with flagging.

b.

Single-family residential development wherein the lot sizes are 1.6 acres or larger, and wherein there is no requirement for common open space, shall not be subject to this tree preservation ordinance.

c.

Reserved.

d.

Property developed under a conditional use permit with an underlying residential zoning shall maintain or exceed 30 caliper inches per acre, which shall be calculated only on the disturbed acreage.

e.

Multifamily residential and nonresidential development shall maintain or exceed 50 caliper inches per acre.

f.

The caliper inch requirements may be achieved by totaling existing trees (DBH) to be preserved, planting new trees in accordance with the minimum standards of this tree preservation ordinance, or some combination of the two. All trees that are to be counted toward meeting caliper inch requirements must be inventoried. The minimum caliper inch requirement per acre must be met whether or not a site had trees prior to development. The caliper inch per acre requirement shall be prorated for any portion which is less than a full acre. Meeting the caliper inch requirement contained in this tree preservation ordinance does not relieve the applicant from meeting the landscaping and buffer requirements contained in other provisions of the Coweta County Zoning and Development Ordinance. With the prior approval of the county arborist/landscape architect, sampling methods may be used to determine caliper inches (DBH) for forested areas. Sampling method shall be a recognized sampling technique performed and certified by a registered forester or certified arborist. All specimen trees within 60 feet of disturbed areas must be identified by species and location regardless of the counting procedure adopted.

g.

The trees, both retained and new, where feasible shall be reasonably distributed throughout the site with emphasis on tree groupings to achieve results following professional landscape standards.

h.

On residential subdivisions, trees may be retained or planted for credit within a public street right-of-way if meeting street tree planting requirements of article 24, development regulations, of zoning and development ordinance or per the approval of the county arborist/landscape architect.

i.

Where the proposed development area is so dense that the minimum requirements of this ordinance cannot reasonably be achieved, the development area shall be reduced by removing parking spaces in excess of the number of spaces required by zoning, placing additional planting islands within the development area, or other similar measures. Where above-mentioned requirements are met and construction of improvements or existing dense tree cover continues to preclude the planting of the total number of replacement trees required on the site, the county arborist/landscape architect may approve a plan which results in the planting of the number of trees on the site which can reasonably be expected to be accommodated in a manner which will allow mature growth of the replacement trees. The remainder of the total number of trees may be planted in a local park, on public lands, or along rights-of-way or a contribution may be made to the tree replacement fund, subject to approval of the county arborist/landscape architect.

i.

Public area planting. If trees are to be planted at another location, the following note must appear on the approved tree protection plan: "A tree protection plan addendum for this project shall be submitted to the County Arborist/Landscape Architect at least 30 days prior to requesting a final inspection. This plan shall include the species, size, and location of trees to be planted off-site to meet the remainder of the tree planting requirements. Issuance of a certificate of occupancy is subject to approval of this plan, as well as verification of the installation of the trees."

ii.

Tree replacement fund. Where the minimum caliper inch or recompense requirements cannot be fully met because the site cannot support the required number of trees, the applicant may make a contribution to the tree replacement fund. Contributions to the tree replacement fund shall be paid in full prior to the issuance of any required permit. Such contributions shall be used for the sole purposes of planting and maintaining trees on public property.

(1)

The amount of the contribution shall be based upon the number, size and type of trees that cannot be planted at the site. The county arborist/landscape architect shall estimate the cost to the county for the materials and labor associated with the trees. The amount of the contribution shall be 100 percent of the estimated costs for the materials and labor of planting such trees.

j.

In order for a tree to qualify in meeting the above caliper inch per acre requirements, all canopy/shade replacement trees shall be at least eight feet tall planted and have a trunk of not less than two caliper inches. All understory/flowering replacement trees shall be at least six feet tall planted and have a main trunk of not less than one and one-half caliper inches. Multi-stemmed canopy trees shall count only the largest trunk for caliper. All multi-stemmed understory/flowering replacement trees shall have a minimum of three canes, each with a minimum one-inch caliper extending clear at least to a height of four feet. All evergreen replacement trees shall be at least a seven-gallon size, six feet tall planted, and have a main trunk of not less than one and one-half caliper inches. All tree formed, multi-stemmed, evergreen replacement trees shall have a minimum of three canes, each with a minimum one-inch caliper extending clear at least to a height of four feet and be pruned as tree form at time of planting. No more than 40 percent of any one genus may be included in any tree planting plan.

k.

The minimum required quantity of trees on a site after development must produce the required total caliper inches per acre (or disturbed acre, as noted above), unless qualifies per this tree preservation ordinance as a single-family residential subdivision. Any portion of a property which is less than a full acre shall be prorated. The caliper inches per acre are determined as follows:

Acreage = Total site area exclusive of any acreage within a zoning buffer (or) disturbed site area exclusive of any acreage within a zoning buffer for conditional use permits within residential only.

Example: 50 inches per acre × 1.5 acres = 75 caliper inch requirement

Credit for existing trees proposed to be retained on the site shall be calculated by adding the DBH of all qualifying trees to be retained on site. Credit shall be given for all trees retained on a property having a diameter of ten inches or more, except trees located in a required zoning buffer. One hundred percent of tree inches may be calculated from areas located in the floodplain or delineated as wetlands.

Credit for new trees proposed to be replaced on the site shall be calculated by adding the caliper inches of all qualifying trees. Credit shall be given for all new trees replaced on the property except for new trees of less than one and one-half caliper inches and new trees planted in a required zoning buffer.

Additional credit. Existing trees to be preserved within a minimum front and side yard area (as required by the applicable zoning district) shall be granted a bonus credit of an additional 50 percent of the actual DBH unless the tree is located within a required zoning buffer. Also, specimen trees retained per subsection 253A.6.b. shall be awarded two times the actual DBH.

The number of new trees planted is determined as follows:

Determine the total number of inches required based on the acreage. Subtract the total caliper inches of all trees being retained (including bonus credits if applicable). The remainder indicates the number of caliper inches, if any, that must be planted on the site.

Note: Where there are not enough ten-inch DBH or greater existing trees, three-inch DBH or greater trees may be counted (in lieu of planting new trees), provided they have grown in uncrowded conditions and have developed normal spread or they are part of a specimen tree stand.

Note: Tree diameter for existing trees is measured by DBH = diameter at breast height (four and one-half feet above ground). If a tree splits into multiple trunks below four and one-half feet, then the trunk is measured at its most narrow point beneath the split.

Note: Tree diameter for new replacement trees is measured by caliper. The caliper of the trunk is measured six inches above the ground, up to and including four-inch caliper size, and 12 inches above the ground for larger sizes. If a tree has more than one trunk, only the largest trunk shall be used to establish the tree caliper for the tree.

Existing trees proposed to be retained and new trees proposed to be planted in order to meet the buffer requirements of the zoning and development ordinance or conditions of zoning, special use or variance approval shall not be considered in fulfilling the requirements of this section concerning minimum caliper inch per acre requirements. Buffer requirements are considered to be in addition to the minimum caliper inch per acre requirements. See appropriate zoning district classification for any additional landscaping or buffering requirements and article 25, buffer area and screening requirements, of the zoning and development ordinance.

6.

Specimen trees.

a.

Some trees on a site warrant special consideration and encouragement for preservation. These trees are referred to as specimen trees. Trees unique due to age, size, species or historic relevance are to be identified during the survey process and special consideration must be made to work around them. It is required that all reasonable efforts be made to save specimen trees. Reasonable effort shall include, but not be limited to, alteration of building design, alternate building location, parking area, detention area, drainage system, or relocation of utilities. These trees are to be identified and highlighted on the tree protection plan. Design of buildings, hardscapes and utilities are to be developed with consideration to preserving and featuring specimen trees.

b.

Caliper inch credits are given for existing trees that are saved during the site development process, with greater credits given to specimen trees. In order to encourage the preservation of specimen trees and the incorporation of these trees into the design of projects, additional (bonus) credit will be given for specimen trees which are successfully saved by a design feature specifically designated for such purpose. Credit for any specimen tree thus saved for such purpose would be two times the actual DBH of the specimen tree.

c.

The following criteria are used by the county to identify specimen trees. Both the size and condition criteria must be met for a tree to qualify:

i.

Size criteria:

(1)

Large hardwoods (such as oaks, poplars, or sweetgums): Twenty-four-inch diameter or larger.

(2)

Large softwoods (such as pines or deodar cedar): Thirty-inch diameter or larger.

(3)

Small trees (such as dogwoods, redbuds, or sourwoods): Eight-inch diameter or larger.

ii.

Condition criteria:

(1)

Life expectancy of more than 15 years.

(2)

Relatively sound and solid trunk with no extensive decay.

(3)

No more than one major and several minor dead limbs (hardwoods only).

(4)

No major insect or pathological problem.

(5)

A lesser sized tree can be considered a specimen tree, if in the judgment of the county arborist/landscape architect:

(a)

It is a rare or unusual species or of historical significance.

(b)

It is specifically used by a builder, developer, or design professional as a focal point in a project or landscape.

(c)

It is a tree with exceptional aesthetic quality.

d.

Replacement of specimen trees.

i.

In the event any specimen tree should be removed during the land development process, the applicant shall be required to replace any specimen tree being removed with suitable replacement trees elsewhere on the site. Removed specimen trees shall be replaced by species with potential for comparable size and quality. Tree replacement, in addition to other minimum planting requirements, shall be required in recompense for the removal of specimen trees. Specimen trees that are removed must be replaced by trees, minimum three-inch caliper, with an inch-for-inch replacement of the specimen tree removed. To determine if the replacement is reasonable the county arborist/landscape architect shall consider intended use of:

(1)

Existing tree coverage, size, and type.

(2)

Number of trees to be removed on the entire property.

(3)

Number of trees to be saved on the entire property.

(4)

Area to be covered with structures, parking, and driveways.

(5)

Grading and drainage requirements.

(6)

Character of the site and its environs.

ii.

Any tree, designated on the tree protection plan to be saved, which is damaged during construction or as a result of construction, as determined by the county arborist/landscape architect, shall be replaced with a tree or trees equal to the DBH of the tree damaged. However, any specimen tree damaged as described above shall be replaced with trees equaling an inch-for-inch replacement of the tree damaged.

iii.

In the event any specimen tree or trees should not survive more than 60 months following completion of development, the owner of the property shall be required to replace said tree or trees with replacement trees (three-inch minimum caliper) having an inch-for-inch replacement of the specimen tree removed on the site as approved by the county arborist/landscape architect.

iv.

Any specimen tree which is removed without appropriate review and approval of the county arborist/landscape architect must be replaced by trees equaling a two times an inch-for-inch replacement of the tree removed. The owner of the property shall be required to replace said tree or trees with replacement trees which will be three-inch minimum caliper. Size alone will determine whether a tree was of specimen quality if the tree is removed without approval and there is not sufficient evidence of its condition. Such action may also result in a stop work order issued by the planning director.

v.

Certain specimen trees which lie within an area of the site where preservation is in conflict with site development standards may be exempted from the inch-for-inch replacement requirements. Determination on exemption of specimen trees shall be by the planning director, in consultation with appropriate members of the development review committee including the county arborist. Factors for determining exemption shall include, but not be limited to, the following:

(1)

Whether the tree is located within the footprint of the proposed building; and if so, whether it would be feasible to relocate or reorient the building;

(2)

Whether the tree is located within an area where the grade will change by more than three feet and where a retaining wall protecting at least 67 percent of the critical root radius is not feasible;

(3)

Whether the tree is located in an area that conflicts with necessary access points, such as a required driveway location determined by transportation safety standards.

e.

The requirement to locate and preserve specimen tree(s) shall not apply to types of residential subdivision developments which are required to provide open space as part of the development.

7.

Relocation of trees.

a.

Trees to be relocated shall be removed with a root ball sized in proportion to their calipers. Root balls shall be 12 inches in diameter for each one inch of tree caliper. Trees four inches in caliper and smaller are to be measured six inches from the ground. Trees four inches to eight inches caliper are measured 12 inches from the ground, trees eight inches caliper or larger are measured from breast height.

b.

Trees which are to be relocated in areas which do not require grading are to be placed directly into their new location. Trees to be relocated into the limit of work line shall have tree barriers placed around it in accordance with the plan.

c.

Trees to be transplanted off site in full leaf shall be covered entirely with a protective cloth covering prior to transporting. Trees transplanted on site require no covering.

d.

Trees which are to be relocated in areas to be graded are to be stockpiled. Stockpiled trees shall be well heeled in and protected from excessive wind and sun. The contractor shall provide water to maintain a healthy condition.

e.

Where a tree is to be removed under the provisions of this tree preservation ordinance, the county may, with consent of the property owner, relocate the tree at the county's expense to county-owned property for replanting, either for permanent utilization at the new location, or for future use at another county property.

f.

Credit may be given to the property for each relocated tree as though the tree was proposed to remain on the property, if the tree is relocated to a site designated by the county at the owner/developer's expense.

8.

Removal of trees.

a.

Safety standards. The contractor shall be solely responsible for pedestrian and vehicular safety and control within the work site and shall provide the necessary warning devices, barricades, and ground personnel needed to give safety, protection, and warning within the area where tree removal or pruning is to occur. Blocking of public streets shall not be permitted unless prior arrangements have been made with the county and is coordinated with appropriate departments. Traffic control is the responsibility of the contractor and shall be accomplished in conformance with state, county and local highway construction codes.

b.

Tree pruning. Pruning is to be performed by tree workers who, through related training and on-the-job experience, are familiar with the techniques and hazards of this work including trimming, maintenance, repairing or removal, and equipment used in such operations. The use of climbing spurs or irons is not approved in pruning operations on live trees. This type of work is a potentially hazardous occupation and is to be undertaken only by trained personnel or under the supervision of trained personnel, all of whom are covered with workers' compensation, property damage, public liability, and completed operations insurance.

c.

Tree removal. Trees shall be removed in accordance with accepted industry standards and procedures and in accordance with the following minimum requirements: Extreme care shall be taken so as to prevent limbs, branches and trunks from falling and creating damage to adjacent homes, driveways, sidewalks, trees, shrubs, streets and other property, both public and private. This type of work is a potentially hazardous occupation and is to be undertaken only by trained personnel or under the supervision of trained personnel, all of whom are covered with workers' compensation, property damage, public liability, and completed operations insurance.

d.

Cleanup. Debris and logs shall not be left on the public right-of-way overnight. It shall be the responsibility of the contractor to remove and dispose of, in a proper and acceptable manner, all logs, brush and debris resulting from the tree removal operation unless otherwise directed by the county. No person shall be issued a tree removal permit unless said person agrees to remove all cut logs, brush, and debris from the premises. Removal of such debris shall be performed daily so as to not disrupt the work of other contractors on the site. Absolutely no burying on site is allowed. No burning on site is allowed without a permit issued by the Coweta County Fire Department.

9.

Trees on private property. It shall be the duty of any person or persons owning or occupying property bordering on any street upon which property there may be trees, to prune such trees in such a manner that they will not obstruct or shade street lights, obstruct passage of pedestrians on sidewalks, obstruct vision of traffic signs, or obstruct views of any street intersection. Failure to comply with this ordinance shall constitute an ordinance violation punishable in accordance with Coweta Code of Ordinances, chapter 1, section 1-15.

10.

Fees. Permits shall be obtained by any person or company engaged in the removal of trees, which are subject to this ordinance pursuant to section 252A.1.a., for a fee. The county arborist/landscape architect will review the tree removal plans and inspect the project site when necessary prior to tree removal of any trees. If significant trees are removed from any property without a tree removal permit, land disturbance permit, or building permit, the property owner shall pay a fine of three times the tree removal fee calculated. Minimum caliper inches per acre must be maintained at all times. Permit fees shall be as set forth in the fee schedule for Coweta County.

11.

Penalties. Any person, firm, corporation, company, or partnership violating any provision of this tree preservation ordinance shall be punished as provided in section 1-15 of the Code of Ordinances. Where an offense continues from day to day, each day's continuance thereof shall be deemed a separate offense. The owner of a premises, where anything in violation of this tree preservation ordinance shall exist, or any person, firm, corporation, company, or partnership who may have assisted in the commission of such violation shall be guilty of a separate offense and, upon conviction thereof, shall be punished as herein provided.

(Ord. No. 039-08, 12-11-08; Ord. No. 010-09, 5-19-09; Ord. No. 020-11, 8-18-11; Ord. No. 003-12, 2-7-12; Ord. No. 025-17, 8-22-17; Ord. No. 019-21, 8-10-21)